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BROADWAY MAINT. CORP. v. CITY OF N. Y.

38 Misc.2d 523 (1962)

Broadway Maintenance Corp., Plaintiff, v. City of New York, Defendant, and American Surety Company of New York et al., Defendants by Counterclaim.

Supreme Court, Special Term, New York County.

December 12, 1962

Attorney(s) appearing for the Case

Paul Englander for American Surety Company of New York and another, defendants. Leo A. Larkin, Corporation Counsel (Leon A. Fischel and Harry Tannenbaum of counsel), for City of New York, defendant. Jesse Cohen and George A. Trosk for plaintiff.

VINCENT A. LUPIANO, J.

Defendant moves for summary judgment dismissing the amended complaint. The application is based on the defense that under the contract in suit, plaintiff's action is time-barred and it is time-barred if, as defendant contends, a six-month limitation is applicable. The right to terminate the contract in the event of a default on the part of the contractor is granted to the city under article 15 of the contract. The limitation on...

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